OUR TERMS AND CONDITIONS OF SALE
- These are the terms and conditions on which we supply our products to you (‘the Products’). These terms and conditions may be updated from time to time in accordance with clause 15 below. These terms were most recently updated on 2 February 2018.
- Please read these terms and conditions carefully before you submit your order to us. These terms tell you who we are, how we will provide the Products to you, how you and we may end the contract, what to do if there is a problem and other important information. These terms and conditions apply when you purchase any Products on our website. You should print a copy of these terms and conditions for future reference.
- There are separate terms and conditions which apply to your use of our website, for more information please refer to Our Terms and Conditions of Website Use (www.littlecookbox.com/termsandconditionsofwebsiteuse).
- Information about us and how to contact us
- We are LITTLE COOK BOX LIMITED, a company registered in England with company registration number 10435588. Our registered office is at 29 London Road, Godmanchester, Huntingdon, Cambridgeshire, PE29 2HZ. Our main trading address is at 1010 Cambourne Business Park, Cambourne, Cambridge, CB23 6DP and our registered VAT number is 264692082.
- You may contact us by:
- Telephone: +44(0) 1480 367 092; or
- Post: Little Cook Box Ltd, 1010 Cambourne Business Park, Cambourne, Cambridge, CB23 6DP; or
- Email: firstname.lastname@example.org
- If we have to contact you we will do so by email using the email address you provided in your account with us (‘your LittleCookBox Account’). In certain circumstances we may need to contact you by telephone using the telephone number provided in your LittleCookBox Account.
- A reference to “writing” or “written” in these terms and conditions includes emails.
- Your status
- By placing an order on our website you warrant that you are:
- legally capable of entering into binding contracts; and
- at least 18 years of age; and
- a resident of the UK (but excluding the Channel Islands and Northern Ireland); and
- accessing our website from the UK (but excluding the Channel Islands and Northern Ireland).
- Our contract with you
- By clicking the ‘Pay Now’ or ‘Confirm’ button at the checkout stage, your order is placed and transmitted to us. You will receive an e-mail from us acknowledging that we have received your order. The acknowledgement email does not constitute to acceptance of your order.
- We will confirm our acceptance of your order by sending you a copy of the sales invoice by email at which point a contract will come into existence between you and us (‘the Contract’).
- If we are unable to accept your order, we will inform you of this in writing and arrange to credit your LittleCookBox Account for the amount you have been charged for that particular order as necessary.
- In the event that any Products in your order is unavailable, we may substitute an alternative Product which we deem to be similar or comparable to the original Product. We will ensure that such substitute Product does not contain any allergens which are omitted from the original Product you have ordered.
- We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
- Our website is solely for the promotion of the Products in the UK (but excluding the Channel Islands and Northern Ireland). We do not accept orders or deliver to addresses outside the UK (but excluding the Channel Islands and Northern Ireland).
- Our products
We will take reasonable care to ensure that representations and descriptions of Products appearing on our website are correct. However, the images of Products on our website are for illustrative purposes only. Any Products you will receive from us, including any packaging and labelling of a Product, may vary slightly from images shown on our website.
- Discount codes and credits
- We may offer discount codes from time to time (‘Discount Code’). The Discount Code is associated with your LittleCookBox Account and can be used once only.
- Discount Codes cannot be used retrospectively or used in conjunction with any other discount code or voucher.
- Discount Codes are not transferable and no cash alternative will be offered.
- Any Discount Codes apply to the price of the Products ordered.
- Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.
- We may implement marketing promotions from time to time and allocate credits to your LittleCookBox Account which you may use in purchasing Products on our website subject to additional terms and conditions specified at the date of any promotion being implemented.
- Your rights to make changes
- Please contact us immediately if you wish to make any changes to your order. You may change your order at any time before the relevant cut-off day and time for your order (‘the Relevant Cut-Off Point’) depending on the date of delivery selected as set out below:
- 8:00PM on Sundays for orders scheduled to be delivered on Wednesdays; or
- 8:00PM on Tuesdays for orders scheduled to be delivered on Fridays; or
- 8:00PM on Thursdays for orders scheduled to be delivered on Tuesdays.
- We will contact you if the change is possible and notify you of any changes to the price of the Product, the timing of supply or any other changes necessary as a result of your request.
- We will ask you to confirm whether you wish to go ahead with the change before we proceed to the production of your order and delivery.
- We may vary the Relevant Cut-Off Point from time to time. The Relevant Cut-Off Point will be shown on our website and confirmed to you when you place your order.
- You may terminate your Contract with us at any time either by sending us an email of your request at email@example.com or by clicking the ‘Cancel My Subscription’ button in your LittleCookBox Account and following the relevant steps for cancellation on our website.
- In the event that you terminate the Contract after the Relevant Cut-Off Point for the next delivery of your order, we may still process your order and your account may still be charged. Any orders thereafter will be cancelled.
- Subject to clause 7.8, you have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you, or someone you nominate as a recipient, acquires physical possession of the Product (or the first delivery of Products in the case of recurring orders) (‘the Cancellation Period’).
- To exercise your right to cancel under clause 7.7 you must inform us of your decision to cancel this contract by a clear statement either by post or email using the address or email address set out in clause 2.2(b) and clause 2.2(c). You may use the Model Cancellation Form in Schedule 1 below but this is not mandatory.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the expiry of the Cancellation Period.
- Price and payment
- The price of a Product will be the price indicated on our website when you place your order. All prices are inclusive of VAT unless stated otherwise.
- Delivery is free of charge.
- All payments must be made in advance by credit or debit card. When placing an order you authorise us and our third-party payment provider to take payment and to charge your payment card for the relevant amounts and at the relevant times.
- The first payment for your order will be taken when we accept your order. Payments thereafter will be taken from the payment details provided in yor account after the Relevant Cut-Off Point depending on the delivery date selected in accordance with clause 7.1.
- Dispatch of the Products is subject to us being able to charge your payment card. It is your responsibility to update your payment card details on your LittleCookBox Account, as necessary.
- We may change the prices of the Products by notifying you by email not less than 14 days before any price change takes effect (‘the Price Change Notice Period’). If you do not accept the new price, you may cancel your subscription under clause 8. Any payments taken after the Price Change Notice Period will be at the new price.
- If you do not agree with the amount you are being charged or any payment made to us, it is important that you contact us immediately to discuss your dispute.
- Supply of products and delivery
- Following acceptance of your order, we will supply the Products to you until the earliest of:
- the expiry of your subscription with us (if applicable); or
- on termination of the Contract by you under clause 7; or
- on termination of the Contract by us under clause 11.
- Delivery will be deemed complete once your order is delivered by us, or our authorised courier, to the delivery address you specified when ordering (‘Delivery Address’).
- Our authorised courier will contact you to provide a one-hour time window for delivery on the delivery date(s) you have specified. Delivery dates and time windows are estimated timescales only and not a guarantee for delivery.
- We, or our authorised courier, will follow the delivery instructions you provided to us when you place your order.
- We, or our authorised courier, hold the authority to leave your order at a safe place at the Delivery Address if no one is available at the Delivery Address to take delivery and in the event that no alternative delivery instructions have been provided to us.
- Title and risk
- The Product will be your responsibility from the time we, or our authorised courier, deliver the Product to the Delivery Address.
- You own the Products once it is delivered to you or to someone you nominate as a recipient to take possession of the Product.
- Risk of damage or loss to the Product passes to you on delivery and we are not liable to for any damage, defect or loss in relation to the Product which may occur thereafter.
- Without limiting your other rights or remedies, we may terminate this Contract with immediate effect by giving written notice to you if:
- you commit a material breach of any terms in these terms and conditions; or
- you fail to pay any amounts due under the Contract within 14 days from the due date for payment; or
- your LittleCookBox Account becomes inactive for more than 6 months; or
- any relevant Product or this service as a whole is discontinued by us;
- Without limiting its other rights or remedies, we may suspend provision of the Products under the Contract if you become subject to any of the events listed in clause 11.1(a) to clause 11.1(d).
- In the event that the Contract is terminated for any reason you will be responsible to pay us all of our outstanding unpaid invoices immediately.
- On termination of the Contract, your LittleCookBox Account will be closed and any unused credits in your LittleCookBox Account will automatically expire.
- Termination of the Contract shall not affect any of the parties’ rights and remedies that have accrued as at termination, including the right to claim damages in respect of any breach of this Contract that existed at or before the date of termination.
- Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
- Limitation of liability
- Subject to clause 12.2, if we fail to comply with these terms and conditions we shall only be liable to you for the purchase price of the Products.
- Nothing in these terms and conditions excludes or limits our liability for:
- death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
- fraud or fraudulent misrepresentation; or
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979; or
- defective Products under the Consumer Protection Act 1987; or
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- Force majeure
We shall not be liable for delay in performing, or failure to perform, any of our obligations under the Contract or these terms and conditions, if such delay or failure is caused by any circumstances beyond our reasonable control.
- Assignment and other dealings
- We may, at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
- The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without our prior written consent.
- Our right to vary these terms and conditions
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes to the operation of our business, including but not limited to, our Products and services, changes to technology and system capabilities or to comply with applicable laws, regulations relating to the Products and services we offer.
- You will be subject to our policies and these terms and conditions as in force at the time that you order Products from us.
No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
- Any notice or other communication given to a party under or in connection with the Contract or these terms and conditions, shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, or email.
- A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 18.1; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by email, one Business Day after transmission.
- The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- Third party rights
No one other than a party to the Contract and our permitted assignees shall have any right to enforce any of its terms.
- We will use the personal information you provide to us:
- to supply the Products to you;
- to process your payment for the Products; and
- if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
- Entire agreement
- The Contract and these terms and conditions and any documents referred to in them constitute the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
- Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms and conditions. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
- Governing law and jurisdiction
- Contracts for the purchase of Products on our website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by and construed with the law of England and Wales.
- Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with such contracts or their subject matter or formation.
Schedule 1 Model Cancellation Form
Complete and return this form only if you wish to withdraw from the contract:
To Little Cook Box Ltd, 1010, Cambourne Business Park, Cambourne, Cambridge, CB236DP, UK, telephone: +44(0) 1480 367 092, email: firstname.lastname@example.org
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods[*]/for the provision of the following service [*],
Ordered on[*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) [only if this form is notified on paper],
[*] Delete as appropriate